Independent Jesse Battles was sworn in Tuesday afternoon as state senator for District 10, one week after Election Day and before the State Canvassing Board has certified a race he leads by 74 votes.
Etowah County Circuit Judge Sonny J. Steen administered the oath in Gadsden, according to a statement from Battles’ campaign.
The statement said the count of provisional and write-in ballots raised his margin over State Sen. Andrew Jones (R-Centre) to 74 votes.
Battles led by 84 on election night, 20,067 to 19,983. Last Wednesday, Cherokee County officials found ballots from the Sand Rock precinct that had not been included in the election-night total, cutting the margin to 52 votes. The provisional and write-in count on Tuesday moved it back to 74, a net gain of 22 for Battles.
“I’m humbled and honored to serve the people of District 10,” Battles said. “I look forward to working with Governor-elect Tuberville, Senate leadership, and local leaders across our district to ensure Northeast Alabama is the best place to live, work, and raise a family.”
“This was truly a grassroots campaign, made up of people from all different backgrounds,” he said. “From the bottom of my heart, thank you to everyone who made this possible. I am humbled by your support. And I promise to be the hardest working Senator our district has ever seen.”
The margin is about 0.2% of the roughly 40,000 votes cast in Etowah, Cherokee and DeKalb counties, under the one-half of 1% line that requires a recount under state law.
The recount begins within 72 hours of certification and runs every ballot back through the tabulators at state expense. Jones can cancel it by filing a written waiver with the Secretary of State within 24 hours of certification.
Alabama’s only statewide recount, in 2004, changed the margin by four votes out of 1.4 million. Jones needs the Etowah, Cherokee and DeKalb tabulators to find 75 out of 40,000.
Jones said last week he would wait for the count.
“Tuesday night’s vote margin appears to be within the threshold for an automatic recount,” he said. “I ask for your patience as every vote is counted and as we ensure that no mistakes were made.”
Tuesday’s oath does not change the recount or the certification.
The Alabama Senate judges the elections and qualifications of its own members, and the new Legislature organizes in January.
Battles carried Etowah County, home to about 70% of the district’s voters, 15,716 to 12,277 on election night. Jones carried Cherokee County with 57% and DeKalb County with 75%. Jones was first elected in 2018 and drew no opponent in 2022.
Grayson Everett is the editor in chief of Yellowhammer News. You can follow him on X @Grayson270.
